instagram getting hit with a class action lawsuit. the suit against the photo filter service was reportedly brought by a california user claiming breach of contract. facebook which now owns instagram believes the complaint is without merit. netflix is back after a christmas eve outage. the video streaming service has problems at one of amazon's web service center to blame. the subscribers in the u.s., canada and latin america. >> five days left before we could potentially go over the fiscal cliff. president obama is cutting short his holiday in hawaii and returning early to d.c. he should arrive there capable of negotiating from tomorrow. chief washington correspondent john harwood joins us with the latest. john, i mean, how optimistic can we be? this market is not falling out of bed as the clock ticks down. >> you know, i think everybody's counting on the holiday mood changing somewhat the tenor of the negotiations in combination with the fact that the republican position has kind of collapsed, with the collapse of plan b. the speake